Tennessee · Shelby County
Shelby County
Short-term rentals are ALLOWED in unincorporated Shelby County subject to a mandatory permit. The county-level regime is Shelby County Code of Ordinances, Chapter 8, Article XVIII "Short Term Rental of Residential Property" (Sec. 8-801 through 8-813), enacted by Ord. No. 488, Exh. A, adopted August 13, 2018. Sec. 8-801 expressly limits the regime to "short-term rental units within the unincorporated parts of the county." A "Short Term Rental Property Permit" must be obtained from the Shelby County Clerk's office before operating or advertising an STR; each unit requires its own permit and the permit number must appear in any online/platform advertising (Sec. 8-806). An STR is defined as a residential dwelling unit (or a portion, or a detached accessory dwelling unit) containing not more than four sleeping rooms used/advertised for transient occupancy; units rented to the same occupant for more than 30 continuous/consecutive days (or on a written month-to-month lease), plus B&Bs, boarding houses, hotels and motels, are excluded (Sec. 8-802, 8-804). Key requirements: $100 non-refundable application fee (Sec. 8-808(a)(8)); $1,000,000.00 per-occurrence fire/hazard/liability insurance (Sec. 8-808(a)(4)); a responsible party residing/located within 50 miles who answers calls 24 hours a day (Sec. 8-808(a)(9), 8-810(h)); a five-pound ABC fire extinguisher, UL 217 smoke alarms, and carbon monoxide detectors (Sec. 8-810(b)-(c)); principal renter at least 18 (Sec. 8-810(e)). Permits expire 365 days after issuance and renew for a $50.00 fee, with renewal requested at least 30 days before expiration (Sec. 8-810(i)). Shelby County levies a 5% privilege (occupancy) tax on the consideration charged for STR occupancy (Sec. 8-807(b)). Operating without a permit subjects the owner to a fine not to exceed $50.00 per day per unit plus court costs (Sec. 8-812). Grandfathering applies to STRs in use before the effective date under T.C.A. § 13-7-603 / § 13-7-604 (Sec. 8-803). NOTE: this county ordinance governs the UNINCORPORATED areas of the county only; incorporated municipalities within Shelby County — notably the City of Memphis (Memphis Code of Ordinances Chapter 5-44, Ord. No. 5631) — administer their own separate STR permit and tax regimes (the Memphis ordinance's exact effective date was not confirmed against an official source in this pass).
Not legal advice. Last verified 2026-07-15 · sources linked below.
Requirements checklist
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county Short Term Rental Property Permit (Shelby County Clerk) Required
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county Permit number displayed in advertising Required
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county Fire, hazard and liability insurance Required
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county Responsible party within 50 miles (24 hours a day) Required
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county Smoke alarms, CO detectors, and fire extinguisher Required
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county Principal renter at least 18 Required
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county Compliance verification form (building/health/life-safety codes) Required
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county County occupancy/privilege tax collection & remittance Required
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state Tennessee sales & use tax registration Conditional
Taxes
| Tax | Rate | Administered by | Airbnb remits | Vrbo remits |
|---|---|---|---|---|
| Shelby County STR privilege (occupancy) tax | — | — | — | — |
| Tennessee state sales & use tax | — | — | — | — |
| Local option sales tax | — | — | — | — |
Operating rules
- Primary residence
- No
- Min stay (nights)
- —
- Max nights / year
- —
- Max occupancy
- No fixed countywide occupancy cap. The permit application sets a per-unit 'maximum number of transient capacity per night' (Sec. 8-808(a)(1)); and a qualifying STR is structurally limited to a residential dwelling unit, portion of a unit, or detached accessory dwelling unit containing not more than four sleeping rooms (Sec. 8-802, 8-804, 8-810(g)).
- Zoning-restricted
- No
- Cap on licenses
- —
Grandfathering: Under T.C.A. § 13-7-603, the article (including the permit requirement) does not apply to a property used as an STR by the owner before the effective date, until it is sold, transferred, ceases STR use for 30 continuous months, or violates generally applicable local law 3+ times per T.C.A. § 13-7-604 (Sec. 8-803).
Zoning: STRs in unincorporated Shelby County are regulated by Article XVIII rather than the rooming-house provisions of Section 2.5.2 of the Memphis and Shelby County Unified Development Code (Sec. 8-805). The ordinance does not restrict STRs to specific zoning districts, but properties must comply with applicable building/technical codes.
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Frequently asked questions
Is Airbnb legal in Shelby County?
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Official sources
Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.